Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

April 21, 2016

QUINCY MAN IS REMEMBERED AFTER DEATH RESULTING FROM APPARENT ASSAULT AND BATTERY

This is a case in which, it would appear, there has been no arrest…yet. The criminal investigation is continuing. I would suggest that the question is what the charges will be as opposed to whether there will be any charges.

It is a story that brings an important reminder home to roost.

Again.

The incident took place in Dorchester this past Sunday at approximately 1:15 a.m.

According to the Boston Herald , a fight began. It really does not matter why.

A man from Quincy named Brian Hingston is said to have tried to break up that fight.

He ended up dead.

As mentioned, the Boston police are still investigating the case and no criminal charges have been brought yet.

Word is that Mr. Hingston was either hit or pushed when he tried to break up the fight. He hit his head when he went down.

His wife released a statement explaining that Mr. Hingston “was a devoted husband, father, son, brother” who enjoyed traveling and music and had previously run the Boston Marathon. The family called the death “senseless.” and his organs were donated.

Perhaps the most telling remembrance came from a friend and colleague of Mr. Hingston:

My name is Kerry Martin and I’m writing this on behalf of my friend and colleague, Brian Hingston. A good man in what should be the middle of his life, who has a loving wife (Tammy) and three young children (Wil 14, Colin 12, Sadie 8); he would give anything not to leave them. He’s too good a person for this world to lose. Needless to say, the Hingston family is devastated and in shock over the loss of Brian. A true gentleman, who never stopped caring about others.

It is said that the truest measure of a person is in the impact they have had on the world and on those around them, and I agree wholeheartedly. Brian unselfishly donated his organs, savings six lives.

There is so much to be grateful for everyday. We all face challenges along the way both personally and professionally. We can become consumed by all the noise around us, and in an era of social media this seems to be growing exponentially. I am not sure it’s a good thing but it is a fact. So, in honor of Brian, take time to celebrate life, forget the noise and think about the things you really value and that are important to you. He’d want us to count our blessings- that we continue to live in a great country, are in good health and that we are blessed with a wonderful family, friends and colleagues.

There is nothing we can do to take away the sorrow, pain and loss from those that loved him. So many have reached out asking to donate, that we are setting up this page. The money collected here will go to his children.

Finally, it has been, and continues to be, an honor and a privilege to be Brian’s friend.

Thank you for reading. Every little bit helps.
Kerry

Attorney Sam’s Take On One Very Bad Moment

It is unclear whether Mr. Hingston was pushed or punched. It is as yet unknown whether he was touched intentionally or unintentionally.

There is nothing known to suggest that the fighters involved were folks who are regulars in the criminal courts or simply two normal people who had a bad moment.

A very bad moment.

Nonetheless, a man is dead simply because he tried to help out. No doubt, it is a tragedy. It is a tragedy for his friends and family and all who knew him.

Yet, there is another side effected as well. The fighters.

An Assault and Battery involves offensive contact to another…no matter how slight. One would imagine that being either pushed, shoved or it is offensive to most people. It is a crime for which the assailant is held responsible for the result. It does not matter too much whether that person meant to do the victim any harm. Further, even if the pusher/hitter meant to strike the other person with whom he was fighting and hit Mr. Hingston it does not matter.

If the person tried to strike anyone and it resulted in Mr. Hingston being struck, under the doctrine of “transferred intent”, the striker is responsible.

This is not a case wherein Mr. Hingston was merely hurt; he was killed. If the Commonwealth can prove beyond a reasonable doubt that he was killed because of the result of the push/hit, then a jury can convict the striker of homicide.

No, it may not be Murder in the First Degree, but there are other homicide charges that can be brought to fit the situation.

There does not seem to be much doubt about the original push/hit taking place, nor that Mr. Hingston fell because of it.

So I would expect some kind of criminal case to come from this.

The point?

We have got to be careful out there. Not only of others, but of yourself. We all lose our temper sometimes. However, a normal losing of the temper can result in you being locked up for the rest of your life…plenty of time to meditate on the fact that you took another person’s life without meaning to.

Needless to say, if you ever are facing such a tragic situation, the advice is the same…contact an experienced criminal defense attorney before making any statement to the police. Be assured that law enforcement will tell you to “tell your side about it…so we can help you.”

“Helping you” might not be quite what you had in mind.

Someone is dead. You are alive.

The help might be as simple as whether or not you might get parole after serving 20 years in prison. Get the advice of someone who is not terrified and has experience with this sort of situation.

By publishing this information on this Web site, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.